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Winsherly Tan
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Faculty of Law, Universitas Internasional Batam, Jl. Gajah Mada, Baloi - Sei Ladi, Batam, Indonesia, 29442
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Journal of Judicial Review
Published by Universitas Internasional Batam
ISSN : 19076479     EISSN : 27745414     DOI : http://dx.doi.org/10.37253/jjr.v22i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JJR is a journal which aim to publish the manuscripts of high-quality research as well as conceptual analysis that studies in any fields of Law. Articles submitted to this journal discuss contemporary legal discourses in the light of theoretical, doctrinal, multidisciplinary, empirical, and comparative studies. The scope of the paper submissions includes constitutional and administrative law, corporate law, business law, criminal justice, adat law, Islamic law, law and society, international law, international economic law, human rights law, and intellectual property law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
 1   2 
Search results for , issue "Vol 16 No 1 (2014)" : 12 Documents clear
Penerapan Ketentuan Pemutusan Hubungan Kerja Terhadap Karywan Pada Perusahaan Yang Dinyatakan Pailit Yudhi Priyo Amboro; Jemmy Edi
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Inequality position between workers and employers have recognized the government passed Law No. 13 of 2003 on Labor on March 25, 2003. Under this law has regulated in detail the rights and obligations between employers and workers. The fact that the activities of employers do not always benefit resulting company established to carry out certain business went bankrupt. State of the bankrupt company that can not meet all of its obligations to its creditors could cause the company submitted that bankrupted. The inequality of the employers and workers are more Likely to occur when the company Suffered loss when running the business processes. Even before the company filed for bankruptcy, the workers have experienced the uncertainty of payment rights.Methodology used in this research is normative juridical law-based comparative law. The data used in this research is secondary data obtained from the literature (library research). Once all the data is collected, then processed and analyzed to find legal issues become the object of study and conclude, then described descriptively.The results showed that the unequal position between the employer and the worker actually happening in companies that declared bankruptcy that the Limited Liability Metro Batavia, Harimas Jaya Plywood Company Limited, and Limited Liability Company Sindoro Cleft Wood Industry.
Perlindungan Hukum Dan Penanganan Buruh Migran Yang Bermasalah Di Luar Negeri Rina Shahriyani Shahrullah; Grace Efride Kusa
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

When viewed from the side of quantity, the government program for placing Indonesian workers abroad can be said to work well, the number of Indonesian workers who work abroad are likely to continue to rise, but when viewed from the aspect of protection of migrant workers, especially legal protection, programs The government is still questionable in view of the vulnerability of the legal protection of migrant workers, especially migrant workers informally.As a comparative study in order to improve legal protection for Indonesian migrant workers, it is necessary to see a handling model that migrant workers can be quite successful, namely the handling of migrant workers Philippines.Indonesia regulations currently only limited regulation ministerial level, whereas the issue of Indonesian migrant workers affairs intersect with cross-departmental and cross-country. Filipino migrant workers setting stipulated in a law that specifically regulates the protection of migrant workers, namely the Republic Act 10022 (The Migrant Workers and Filipinos Act of 1995).Based on this research, it obtained information that the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Migrant Workers Convention 1990) both in Indonesia and the Philippines, both countries have a goal to protect and deal with migrant workers who work abroad. In this study, it was found that the legal protection of migrant workers and handlers Philippines better than the Indonesian. Therefore, this study recommends to legal protection and handling of migrant workers, Indonesia needs to learn from the Philippines.
Perlindungan Hukum Kreditur Dalam Pelaksanaan Eksekusi Hak Tanggungan Elza Syarief; Yudhi Priyo Amboro; Risky Hadi Putra
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The study aims to review and analyze the effectiveness of the application of the legislation – Act No. 4 of 1996 on the rights of the Legal Protection Against Creditors Dependents In Execution.The research method used was the normative research. The results showed the form of legal protection the certificate holder's rights of creditors against the debtor who did a dependent resistance time collateral was executed was a dependent Right certificate and certificate Rights over land.The occurrence of nonperforming loans or credit problems are generally caused by the global economic downturn are having an impact on inflation and the weakening of the business sector in addition to other factor was not assessed debtors character cooperative.
Perlindungan Hukum Terhadap Korban Tindak Pidana Kdrt Di Indonesia Dan India Rina Shahriyani Shahrullah; Merlinda Merlinda
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Domestic violence is a criminal act where there is abuse of power or authority of a man against the woman who not only causes physical injuries, but also mentally and psychologically. The purpose of this study was to describe how domestic violence that occurred in Indonesia and India with sticking in the implementation of the CEDAW.This research uses normative research and then comparative method. Secondary data is collected using the library research. As all datas are collected, those datas are then being processed and analyzed qualitatively which means to group data and compile systematically. Further conclusions drawn related to this study, then decribed descriptively.Based on this research, it obtained information that the ratification of CEDAW both in Indonesia and India, the two countries have good aim to make the handling and protection of all victims of domestic violence in their respective countries. But in this study, it was found that the treatment and legal protection of victims of domestic violence in Indonesia is better than India. Therefore, the study recommends that treatment and legal protection of victims of domestic violence India should adopt the strength of handling and legal protection of victims of domestic violence in Indonesia.
Efektifitas PERGUB Pembentukan BKSP Provindi Kepri Dalam Menjawab Tantangan MEA 2015 Rina Shahriyani Shahrullah; Lu Sudirman; Lusi Nila Sari
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The deal of ASEAN Economic Community 2015 implementation in labour areas that is marked conservatively skill labouring flow. Concerning with Indonesian labouring interest, at Kepulauan Riau Province being formed by Coordination Board Profession of certification (BKSP) through Governor regulation Number 2 Years 2007 on the fifteenth 02 Marches 2007. Severally constraint which can be inventoriesed performing, for example: Organisational institute, Finance budget, and Organisational management. In order to BKSP'S organization wheels can walk to accord expectation, therefore has to get settles about problem bound up , and has to twine various institute or organization to be asked out collaboration and builds network.
Tinjauan Yuridis Terhadap Penanggulangan Tindak Pidana Perdagangan Manusia Di Indonesia Dan Filipina Rina Shahriyani Shahrullah; Dedy Febriyanto Tjhang
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Along with urbanization and globalization are growing and developing so rapidly, in addition to a positive impact, but also bring negative influence including Trafficking in persons, or human trafficking. Trafficking itself is a cruel crime that violates human dignity and a violation of human rights of the most concrete and often prey on those who are weak economically, socially, politically, culturally and biologically. Trafficking is not only happening in Indonesia alone but also in the Philippines and just like Indonesia is source country, so that this crime be a global problem.A convention has been created and produced the Palermo Protocol to combat Trafficking which has been ratified by both countries. This study describes clearly and carefully about combat trafficking system (Prosecution, Protection, and Prevention) against human trafficking both countries with their salty legal provisions.This research is a normative juridical law by using the method of comparative law. Data used in the form of secondary data. Data mining is done with literature (library research). After all the data is collected, the data is then processed and analyzed, then used the qualitative analysis point by grouping the data aspects studied. Furthermore, the conclusions drawn related to this research, then described descriptively.Based on this study showed that in terms of countermeasures against crimes recorded although there are more crimes in the Philippines than in Indonesia but the government of the Philippines showed a significant increase in combating human trafficking crimes compared with Indonesia.
Analisis Yuridis Penghapusan Rintisan Sekolah Bertaraf Internasional (RSBI) Di Kota Batam Rina Shahriyani Shahrullah; Wagiman Wagiman; Adi Kusuma
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

This study discussed about the effectivity of The Constitutional Court Verdict Number 5 Year 2012 about International Schools Pioneer (RSBI) Elimination at Batam City implementation. This research was formulated by a few problems because of the implementation of The Constitutional Court Verdict Number 5 Year 2012 about International Schools Pioneer (RSBI) Elimination especially at Batam City and the solutions to education performance pasca the verdict. The result showed that there were effects after The Constitutional Court Verdict Number 5 Year 2012 about International Schools Pioneer (RSBI) Elimination at Batam City.This study also analysed the solution to do the education activities at Batam City pasca The Constitutional Court Verdict Number 5 Year 2012 about International Schools Pioneer (RSBI) Elimination. The analysis showed that it was needed to prioritize the education quality increasement effort for the students through Superior School Programs and increase the roles of the stakeholders in helping the mandated Education National Standard fulfillment effort.
Analisis Putusan Ma Nomor: 261 K/Pdt.Sus/2011 Mengenai Sengketa Merek Dagang Antara Paimin Halim Dan Abdul Alex Soelystio Wishnu Kurniawan; Erni Yuliani
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The world economy continues to grow to adulthood, because the goods or services produced by the company is required distinctive mark, the purpose of difference is to give a name, marks, symbols or colors that are often known by the brand. The research problem is how the provision the use of brands in terms of the Act and the Trademark Is Supreme Court ruling Number 261 K / PDT.SUS / 2011 in accordance with Law number of 15 of 2001 on Marks.This research uses normative research which describe the legislation that apply, especially in Act 15 of 2001 on Trademark linked with legal theories in practice related to implementation of the problems studied by the author. Secondary data collected for study was conduted through library research to the material that the relevant law.Based on this study towards the cases can be concluded that the Trademark violation committed by Abdul Alex Soelystio that is using its trademark called "Kopitiam" the word element in the public domain which is genetic. Panel of Judges of the Supreme Court in its Decision No. 261 K/Pdt.Sus/2011 and the Commercial Court in Decision No. 5/ Brands2010/ PN. Commerce. Mdn. The second verdict stating that Abdul Alex Soelystio is the sole owner and holder of the rights to the brand Kopitiam exclusive in Indonesia for 43 types of class services, but does not fit in the application are listed in Law No. 15 of 2001 on Trademarks.
Penyelenggara Jaminan Sosisal Ketenagakerjaan Terhadap Sektor Jasa Konstruksi Di Provinsi Kepulauan Riau Rina Shahriyani Shahrullah; Wagiman Wagiman; Surya Rizal
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

The law theories used by the researcher were the progressive law theory and law affectivity law theory with empirical research method to analyze how legislations were implemented in. The results showed that not all of the constructions projects at Riau Islands Province had been registered at Tanjungpinang Labor Social Security Agency, so that not all of the workers got the normative rights and legal protection on the social risks such as sickness, working accident, disability, and death. In Undang-Undang RI Number 40 year 2004 about National Social Security System, Ministry of Labors and Transmigration Decree Number KEP-196/MEN/1999, and Riau Islands Governor Legislation Number 18/XI/2005 about Constructions Service Sector Labors Social Security Programs had obligated the constructions service employers to register their labors to Labor BPJS. The implementation of labor social security programs for constructions workers was not optimal because of some factors, starting from the governments who were not firm and the lack of control, the employers who were lack of the awareness about the duty and still thinking that being BPJS member was a burden, the labors who did not care about their rights because they were lack of education, and the agency who did not maximize the socialization. From the progressive law point of view starting from the basic assumption that law was for humanity not the other way around, a law problem raised so that the legislations should be fixed including the behaviors of the employers/contractors, the government, and also the Social Security Agency itself. While if it was related to the affectivity theory, the constructions service sector labors protection implementation would not be well implemented without the good enforcement and.
Tinjauan Yuridis Tindak Pidana Pencucian Uang Dalam Tindak Pidana Korupsi di Indonesia Yudhi Priyo Amboro; Fandias Fandias
Journal of Judicial Review Vol 16 No 1 (2014)
Publisher : Fakultas Hukum, Universitas Internasional Batam

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Abstract

Transactional political dynamics in Indonesia pushed formed eradicate corruption institutions namely the Corruption Eradication Commission. Political dynamics so well matched with the spirit of providing an efficient sanctions to corruption suspects with approved Law No. 25 of 2003 on Money Laundering. According to the former Head of the Financial Transaction Reports and Analysis, Yunus Husein, corruption has a close relationship with the alleged violation of Article of money laundering. It is given an advantage in a crime of corruption is frequently used for private purposes suspects.Methodology used in this research is normative juridical law-based comparative law. The data used in this research is secondary data obtained from the literature (library research). Once all the data is collected, then processed and analyzed to find legal issues become the object of study and conclude, then described descriptively.These results indicate that the sustainability of corruption has great potential, followed by other offenses for the crime of money laundering. It is in view of the circumstances that the amount of funds obtained in the transaction corruption.

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